30.61.035 Exemption thresholds for minor new construction and infill development.
Subject to SCC 30.61.030, a proposal is exempt if it meets either the thresholds for minor new construction in subsection (1) of this section or the criteria to be categorically exempt as infill development in subsection (2) of this section. While proposals may be potentially exempt under both subsections (1) and (2) of this section, these exemptions are not automatic. Subsection (3) of this section requires that development projects that are categorically exempt under subsection (2) of this section as infill development must still provide mitigation to other jurisdictions.
(1) As allowed under WAC 197-11-800(1)(c) and (d), the exempt levels for minor new construction are based upon local conditions and are as follows:
(a) The construction or location of any single family residential structures of 30 dwelling units or less in an urban growth area (UGA) and 20 dwelling units or less outside of a UGA;
(b) The construction or location of any multifamily residential structures of 60 dwelling units or less in a UGA and 25 dwelling units or less outside of a UGA;
(c) The construction of a barn, loafing shed, farm equipment storage building, produce storage or parking structure, or similar agricultural structure covering 40,000 square feet or less;
(d) The construction of an office, school, commercial, recreational, service, or storage building of 30,000 square feet or less and associated parking facilities designed for 90 or fewer automobiles in a UGA and 12,000 square feet or less and associated parking facilities designed for 40 or fewer automobiles outside of a UGA;
(e) The construction of a parking lot designed for 40 or fewer parking spaces; and
(f) Any landfill or excavation of 1,000 cubic yards or less throughout the total lifetime of the fill or excavation.
(2) Infill development as defined in SCC 30.91I.037 sited in a UGA shall be presumed to be categorically exempt when it meets the following criteria:
(a) The proposed uses are among those listed as permitted uses in chapter 30.22 SCC for the zone in question; and
(b) The applicant agrees to provide all mitigation that otherwise would have been due and owing under any applicable interlocal agreement adopted pursuant to SCC 30.66B.710 or 30.66B.720 as described in subsection (3) of this section but for this categorical exemption.
(3) To ensure the specific probable adverse environmental impacts of a proposed infill development are adequately addressed, any determination of exemption under subsection (2) of this section shall be made only when the applicant voluntarily agrees to be subject to all reciprocal mitigation measures imposed under any interlocal agreement for reciprocal mitigation of traffic impacts which would otherwise be applicable to the proposed infill development pursuant to SCC 30.66B.710 or 30.66B.720 if subject to SEPA review. Such agreement shall be made a condition of any approval of an application deemed exempt under subsection (2) of this section and is assumed to be agreed to by the applicant at time of application unless otherwise indicated by the applicant in their submittal materials. Applicants not consenting to reciprocal mitigation requirements for purposes of exemption under subsection (2) of this section may elect to forego such a determination and have their application processed subject to SEPA. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 03-034, May 7, 2003, Eff date May 19, 2003; Amended by Amended Ord. 15-064, Mar. 30, 2016, Eff date Apr. 11, 2016; Amended by Amended Ord. 22-037, Sept. 28, 2022, Eff date Oct. 9, 2022).